45-4-83.11
Section 45-4-83.11 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. (b) The district attorney may waive a violation for good cause shown as to why the offender should stay in the pretrial diversion program. (Act 2006-418, p. 1036, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-4-83.11.htm - 924 bytes - Match Info - Similar pages
45-9-82.31
Section 45-9-82.31 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 2005-148, p. 258, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-9-82.31.htm - 917 bytes - Match Info - Similar pages
12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender may be admitted into a pretrial diversion program established under this division, it shall be appropriate for the district attorney to consider any of the following circumstances: (1) If the offender is 18 years of age or older at the time the offense was committed. (2) There is a probability justice will be served if the offender is placed in the pretrial diversion program. (3) It is determined the needs of the community and of the offender can be met through the pretrial diversion program. (4) The offender appears to pose no substantial threat to the safety and well-being of the community or law enforcement. (5) The offender is not likely to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed wish of the victim for the offender to participate in the pretrial diversion program. (8) Undue hardship upon the victim. (9) Whether the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.3.htm - 3K - Match Info - Similar pages
45-28-82.24
Section 45-28-82.24 Admission into program. (a) Admittance into the pretrial diversion program shall be in the sole discretion of the district attorney. To assist the district attorney in the decision to admit the offender into the pretrial diversion program, the district attorney, prior to the offender being admitted into the pretrial diversion program or as a part of the district attorney's evaluation process, may require an offender to furnish to the district attorney information concerning past criminal history, education history, work history, family history, medical or psychiatric treatment history, psychological tests, or any other information concerning the offender which the district attorney believes is applicable to determine whether the offender should be admitted into the pretrial diversion program. (b) The district attorney may require the offender to submit to any test or evaluation process the district attorney deems appropriate in evaluating the offender for admittance...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.24.htm - 1K - Match Info - Similar pages
45-39-82.04
Section 45-39-82.04 Admission into program. (a) Admittance into the pretrial diversion program shall be in the sole discretion of the district attorney. To assist the district attorney in the decision to admit the offender into the pretrial diversion program, the district attorney, prior to the offender being admitted into the pretrial diversion program or as a part of the district attorney's evaluation process, may require an offender to furnish to the district attorney information concerning past criminal history, education history, work history, family history, medical or psychiatric treatment history, psychological tests, or any other information concerning the offender which the district attorney believes is applicable to determine whether the offender should be admitted into the pretrial diversion program. (b) The district attorney may require the offender to submit to any test or evaluation process the district attorney deems appropriate in evaluating the offender for admittance...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.04.htm - 1K - Match Info - Similar pages
12-17-226
Section 12-17-226 Definitions. For purposes of this division, the following terms shall have the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney as a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE. Work imposed as a condition of a pretrial diversion program that is intended for the common good of the community or to assist in restoration of the victim. Community service should further serve to rehabilitate an offender. (3) DISTRICT ATTORNEY. The district attorney of the judicial circuit or his or her designee, so designated to fulfill the goals, purposes, and objectives of this division. (4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere. (5) OFFENDER. Any person who has been charged with a criminal offense, including, but not limited to, any felony, misdemeanor, violation, or traffic offense, as defined in the Code of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.htm - 2K - Match Info - Similar pages
45-16-82.30
Section 45-16-82.30 Pretrial Diversion Program Fund. The district attorney shall establish a Pretrial Diversion Program Fund. Except for the monies payable timely by the district attorney to the circuit clerk, county commission's general fund, and law enforcement agency pursuant to subsections (c), (d), and (e) of Section 45-16-82.27, fees paid by offenders pursuant to Section 45-16-82.27 shall be placed into the Pretrial Diversion Program Fund. The district attorney shall use the funds in the Pretrial Diversion Program Fund to pay costs associated with the administration of the pretrial diversion program and to pay those things earlier herein provided for or for other law enforcement or criminal prosecution purposes. Costs associated with program administration shall include, but shall not be limited to, salaries, rent, vehicles, uniforms, professional or business attire, telephones, communication equipment, postage, office supplies and equipment, training and travel expenses, service...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-16-82.30.htm - 1K - Match Info - Similar pages
45-29-82.70
Section 45-29-82.70 Pretrial diversion program fund. The district attorney shall establish a pretrial diversion program fund. All fees paid by offenders pursuant to this subpart to the district attorney shall be placed into the pretrial diversion program fund. The district attorney shall disburse 20 percent of the funds to the Twenty-fourth Judicial Circuit Judicial Administration Fund; the remainder of the funds shall be used to pay costs associated with the administration of the pretrial diversion program or for other law enforcement purposes. Costs associated with program administration shall include, but shall not be limited to, salaries, rent, vehicles, uniforms, professional or business attire, telephones, postage, office supplies and equipment, training and travel services, service contracts, and professional services. The district attorney may pay for services or programs for an offender while the offender is in the pretrial diversion program if special circumstances and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-29-82.70.htm - 1K - Match Info - Similar pages
45-31-84.10
Section 45-31-84.10 Program requirements; jurisdiction; termination from program; liability for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program by the city attorney, the city attorney and the offender shall submit the written application of the offender together with the statement of facts of the offender, the acceptance of the offender by the city attorney, and the agreement between the city attorney and the offender to the court presiding over the affected case of the offender for the approval of the court. The offender shall also enter a plea of guilty to the charge or charges involved. If the court rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall remain liable for any actual expenses already incurred by the city attorney or any agency or service provider in furtherance of the application and evaluation process and the same will be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.10.htm - 3K - Match Info - Similar pages
45-35A-56.09
Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program by the city attorney, the city attorney and the offender shall submit the written application of the offender together with the statement of facts of the offender, the acceptance of the offender by the city attorney, and the agreement between the city attorney and the offender to the court presiding over the affected case of the offender for the approval of the court. The offender shall also enter a plea of guilty to the charge or charges involved. If the court rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall remain liable for any actual expenses already incurred by the city attorney or any agency or service provider in furtherance of the application and evaluation process and the same shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-56.09.htm - 3K - Match Info - Similar pages
|